Embedded Files
Please follow the guide below to understand your jurisdiction when it comes to sentencing people that have been detained/arrested.
Sentencing Detainees
Upon detaining somebody and after determination of their crime(s), generally speaking, we should always allow our counter-parts to deal with criminals that we have detained but in certain circumstances it may be that we have to sentence detainees ourselves, if you are unclear on your detention power, please see the Border Force Procedures here.
As Border Force officers, we CANNOT sentence people we have detained.
When it comes to the detention of a civilian, you should either choose to wait (up to 10 minutes) for MPD or HMPS Transport to arrive on scene and apprehend the suspect or alternatively (if Transport Trained) we can choose to transport the civilian to the prison site ourselves.
Sentencing Guidelines
Please find below some common laws & legislations that you will need to follow as a Border Force officer;
The Act of Committing any Crime
The Act of Committing any Crime
Section 24, Police and Criminal Evidence Act (PACE) 1984
This empowers Border Force immigration and customs officers in England and Wales to arrest persons who are committing an offence.
Importation Offences
Importation Offences
Customs and Excise Management Act 1979.
The combined effect of section 3 of the Misuse of Drugs Act 1971 (“MDA”) and section 170 of the Customs and Excise Management Act 1979 (“CEMA”) is to criminalise the importation or exportation of controlled drugs.
Smuggling Suspicion
Smuggling Suspicion
The Borders Act 2007. Section 44
This can be used to enter and search premises without a warrant for documents to confirm identity following arrest.
Possession of a Firearm
Possession of a Firearm
Section 5, Firearms Act 1968
Section 5, Firearms Act 1968
Having a firearm on your person at a Border Force Location.
Causing Undue Alarm or Distress
Causing Undue Alarm or Distress
Section 5, Public Order Act 1986
Section 5, Public Order Act 1986
Using threatening or abusive language within the hearing of a person likely to harassed, alarmed or distressed by it.
Bribery
Bribery
Section 1, Bribery Act 2010
Section 1, Bribery Act 2010
Offering a financial reward or other reward to another person to try and gain an advantage for themselves.
Possessing, Dealing or exporting of drugs.
Possessing, Dealing or exporting of drugs.
Psychoactive Substances Act 2016
Psychoactive Substances Act 2016
Produce, supply, offer to supply, possess with intent to supply, import, or export psychoactive substances, and possess a psychoactive substance in a custodial institution.
Common Assault
Common Assault
Section 39, Criminal Justice Act 1988
Section 39, Criminal Justice Act 1988
Making physical contact with someone without causing injury or making someone fear that unlawful physical violence will be used against them.
Assault of an officer/worker
Assault of an officer/worker
Section 1, Assaults on Emergency Workers Act 2018
Section 1, Assaults on Emergency Workers Act 2018
Assaulting an emergency worker whilst they are carrying out their lawful duties..
Page updated
Google Sites
Report abuse